31980R1652

28 . 6 . 80 Official Journal of the European Communities No L 163/41

COMMISSION REGULATION ( EEC) No 1652/80 of 27 June 1980 opening an invitation to tender (or the mobilization of common wheat flour as food aid for the International Committee of the Red Cross

THE COMMISSION OF THE EUROPEAN should be taken of the effect on each tender of the COMMUNITIES, currency situation in the Member State in which the customs export formalities will be completed ; Having regard to the Treaty establishing the European Economic Community, Whereas the award under the invitation to tender must be made in favour of the tenderer offering the Having regard to Council Regulation (EEC) No best terms ; 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ( !), as last amended by Whereas, should force majeure make it impossible to Regulation (EEC) No 1547/79(2), complete the operation in question within the time limits specified, it must be made clear who is to bear Having regard to Council Regulation (EEC) No the liability for any resulting costs ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and Whereas provision should be made for security to be in particular Article 6 thereof, given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ Having regard to Council Regulation No 129 on the tion to tender for supplies to the International value of the unit of account and the exchange rates to Committee of the Red Cross will be fulfilled ; be applied for the purposes of the common agricul­ tural policy (4), as last amended by Regulation (EEC) Whereas the Italian intervention agency should be No 2543/73 (5), and in particular Article 3 thereof, made responsible for organizing the invitation to tender ; Having regard to the opinion of the Monetary Committee, Whereas the Commission must be informed quickly Whereas on 28 May 1980 the Council of the Euro­ of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; pean Communities declared that it proposed, by way of Community action, to grant the equivalent of 2 261 tonnes of common wheat (in other words 1 700 Whereas the measures provided for in this Regulation tonnes of common wheat flour) to the International are in accordance with the opinion of the Manage­ Committee of the Red Cross under its 1979 / 80 food­ ment Committee for Cereals, aid programme ;

Whereas pursuant to Article 3 (3) of Council Regula­ tion (EEC) No 2750/75 the goods may be purchased HAS ADOPTED THIS REGULATION : anywhere on the Community market ;

Whereas the proposed invitation to tender should be for supply of the products delivered to Ashdod, that is Article 1 at the moment when the goods are actually placed on the quay or in the lighter where applicable ; 1 . Tenders are hereby invited for the supply to the International Committee of the Red Cross, by way of Whereas tenders may be submitted by tenderers esta­ Community action, of 1 700 tonnes of common wheat blished in any Member State of the Community and flour. may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure 2. The tendering procedure shall take place in Italy in two lots : that the tenders are as comparable as possible, account

lot 1 : 1 200 tonnes ; lot 2 : 500 tonnes . ( i ) OJ No L 281 , 1 . 11 . 1975, p. 1 . (^) OJ No L 188 , 26. 7. 1979, p. 1 . (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . 3 . The products shall be mobilized on the Commu­ (<) OJ No 106, 30 . 10 . 1962, p. 2553/62. (5) OJ No L 263, 19 . 9 . 1973, p. 1 . nity market.

No L 163/42 28 . 6 . 80 Official Journal of the European Communities

4. Shipment shall be from a Community port. — increasing prices which mention a Member State whose currency has depreciated, 5. The invitation to tender provided for in para­ — reducing prices which mention a Member State graph 1 is for supply of products delivered to Ashdod, whose currency has been revalued. that is at the moment when the goods are actually placed on the quay or in the lighter where applicable. The monetary compensatory amount shall, where 6. The successful tenderer shall deliver the product appropriate, be converted into the currency of the Member State in which the invitation to tender is specified in paragraph 1 in new jute sacks lined with issued using : cotton sacks of a net capacity of 50 kilograms (pre­ slung 1-10 x 110 x 1 m). — in the case when the currencies concerned are kept at any given moment within a band of Minimum weight of sacks shall be 600 grams. 2-25 % a conversion rate resulting from their central rate , On the sacks shall be printed a red cross, 15 x 15 cm, as well as the following : — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member 'Wheat flour / Gift of the European Economic State in which the invitation to tender is issued Community / Action of the International Committee during a period from the Wednesday of one week of the Red Cross / For free distribution '. to the Tuesday of the following week being the period immediately preceding the closing date for To allow for the possibility of re-bagging, the submission of tenders . successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the goods but with the printing followed by a capital Article 4 letter 'R\

The contract shall be awarded to the tenderer offering Article 2 the best terms, taking into consideration the adjust­ ment referred to in Article 3 (3). 1 . The decision on tenders received in response to the invitation provided for in Article 1 shall be taken However, if the tenders submitted do not appear to on 11 July 1980 . reflect normal market prices and costs, the interven­ tion agency may cancel the invitation to tender. 2. The closing date for the submission of tenders shall be 11 July 1980 at 12 noon .

Article 5 3 . The notice of invitation to tender shall be published in the Official Journal of the European 1 . The tenderer shall give security in an amount of Communities not less than nine days before the 12 ECU per tonne of goods. closing date for the submission of tenders.

It shall be released : Article 3 — in the case of all tenderers whose tenders are 1 . The prices offered must be expressed in the unsuccessful or are not accepted, currency of the Member State in which the invitation — in the case of the successful tenderer, when the to tender was issued . operations concerned have been carried out within the prescribed time limit and on submission of 2. Tenders must in particular mention the Member the original export licence duly granted and State in which the tenderer, in the event of his being endorsed by the competent authorities of the declared successful, expects to complete the customs Member State mentioned in the tender pursuant export formalities for the products concerned. to Article 3 (2),

— in the case of the successful tenderer for quantities 3 . For the purpose of rendering the tenders compar­ not supplied by reason of force majeure. able, the prices shall, where appropriate, be corrected by the monetary compensatory amount applicable on the closing date for submission of tenders to exports 2 . The security required under paragraph 1 may be from the Member State mentioned in the tender provided in the form of a cash deposit or of a pursuant to paragraph 2. Such correction shall be guarantee issued by a credit institution conforming to made by : criteria laid down by each Member State .

28 . 6 . 80 No L 163/43 Official Journal of the European Communities

Article 6 vention agency of the Member State concerned and shall supply it with all the information which it may 1 . The common wheat flour referred to in Article 1 require. to be supplied to the International Committee of the Red Cross must meet the following requirements : Furthermore, the amount of the successful tender — moisture : 14-5 % maximum , shall be paid after it has been converted using the average of the spot rates referred to in the second — protein content : 10-5 % (N x 6-25 on dry subparagraph of Article 3 (3) to the tenderer in the matter), currency of the Member State in which the operations — ash content : 0-62 % maximum referred to dry relating to the tendering are completed. matter . 4. The intervention agency shall ask that the Flour not meeting these requirements shall be tenderer specifies the following information : refused . (a) after each shipment, a statement giving details of 2. Tenders for supply to the International the quantities loaded, the quality of the products Committee of the Red Cross of the common wheat and their packaging ; flour referred to in Article 1 must relate to a product (b) the date of the departure of the ships and the with the following characteristics : expected date of arrival of the products at their — moisture : 14-5% maximum , destination ; — protein content : 1 0-5 % minimum (N x 6-25 on (c) all possible contingencies which might occur dry matter), during transportation of the products. — ash content : 0-62 % maximum referred to dry The intervention agency shall transmit the informa­ matter. tion provided for to the Commission as soon as it is received . Article 7 5. When the intervention agency responsible for 1 . The Italian intervention agency shall be respon­ the operations relating to tendering is not the interven­ sible for operations relating to the invitation to tender tion agency which appoints the successful tenderer, it provided for by this Regulation . shall send as soon as possible to the latter the informa­ tion necessary for releasing the security. 2. It shall forthwith communicate to the Commis­ sion the list of firms which have responded to the invi­ Article 8 tation to tender, specifying the terms of each tender, together with the name and business name of the As regards this tender, the intervention agency is auth­ successful tenderer. orized to make an initial payment of 80 % of the value of the quantity given in the bill of lading, on 3. Where the customs export formalities for the presentation of that document and subject to the mobilized product are completed in a Member State other than that in which the invitation to tender is taking of a security for an amount equal to the initial payment. issued, the intervention agency of the latter Member State shall be responsible for the operations following Article 9 tendering, including payment to the successful tenderer. This Regulation shall enter into force on the day of its In such case, the intervention agency choosing the publication in the Official Journal of the European Communities. successful tenderer shall immediately inform the inter­

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 27 June 1980 .

For the Commission

Finn GUNDELACH Vice-President